The [expert] reports must be given full evidentiary value since they were signed and reviewed by experts in the exercise of their duties. 2.- Moreover, during the hearing, the Court also heard the opinions provided, in order, by the Attorney of the Public Prosecution Service, the Technical Legal Counsel and the inmate María Inés Chinchilla Sandoval; 3.-Accordingly, the Judge infers that while it is true that the diseases currently suffered by the inmate, including (DIABETES MELLITUS), require rigorous control by the authorities of the Women’s Orientation Center, and specifically by the Center’s medical staff, it is no less true that at present those illnesses do not constitute a terminal illness according to the experts present at today’s hearing; thus, it is clear that they do not conclude that the aforementioned inmate is in danger of dying at present […] 127. On September 11, 2003, Mrs. Chinchilla lodged an appeal against that decision. 192 On September 25, 2003, the Fourth Division of the Court of Appeals dismissed the appeal because “all three [doctors] were categorical in saying that it was impossible to determine when death could occur”, and therefore “at the moment she is not in imminent danger.” 193 C.4 Fourth incidental motion for “extraordinary early release through Remission of Sentences” 128. On March 3, 2004, Mrs. Chinchilla filed a motion for “extraordinary early release” through Remission of Sentences”194 before the Second Criminal Enforcement Court, based on Article 495 of the Code of Criminal Procedure and Article 7(c) of the Remission of Sentences Law, concerning special remission on humanitarian grounds. In the motion, Mrs. Chinchilla reiterated the illnesses and ailments mentioned previously and pointed out that she had “been classified as a TERMINAL CASE.” Attached were two certifications from the Head of the Medical Records Department of the San Juan de Dios Hospital, stating that she had “terminal occlusive arteriosclerotic disease” with 80% probability that her left limb would eventually be amputated.195 129. On March 17, 2004, the Deputy Director of the COF sent the judge “a photocopy of the medical certificate issued by the Chief of the First Women’s Surgery Unit, San Juan de Dios Hospital” 196 and an “Opinion of the Multidisciplinary Team”, according to which Mrs. Chinchilla “[…] should be granted special release because she is unable to fend for herself and the Center does not have specialized staff to provide her with a personal service.” 197 130. At the request of the Judge, on March 15, 2004, the Public Prosecution Service conducted a medical examination of Mrs. Chinchilla and said that “she presents […] pain in her left hip when she moves, and also has a tumor.” The report added that “she is not taking Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7. Remission of Sentences File No. 169-03. Appeal filed on behalf of Mrs. María Inés Chinchilla Sandoval of September 11, 2003 (evidence file, folios 935-940). 192 Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No. 429-96 Of. 7. Remission of Sentences File No. 169-03. Appeal No, 243-2003. Of. 2. Decision of the Fourth Division of the Court of Appeals. September 25, 2003 (evidence file, folios 945-947). 193 Cf. Incidental Motions for Early Release. Letter from f Mrs. María Inés Chinchilla Sandoval to the Judge of the Second Criminal Enforcement Court of March 3, 2004 (evidence file, folios 762-763). 194 Cf. Incidental Motions for Early Release. San Juan de Dios General Hospital. Medical Records Department. Certifications No. 2076/02 and No. 447/04, of November 18, 2002 and March 2, 2004 respectively (evidence file, folios 764 and 766). 195 Cf. Incidental Motions for Early Release. Communication from the Deputy Director of the COF of March 17, 2004, Official letter No. 019-2004 (evidence file, folio 768). 196 Cf. Incidental Motions for Early Release. Communication of the Multidisciplinary Team of March 17, 2004 (evidence file, folio 769). 197 41

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